Terms and Conditions

WEBSITE TERMS AND CONDITIONS OF USE

DelectablyChic!, property of Prospere Magazine Inc., (“Prospere”) is owned and operated in Toronto, Ontario, Canada.  This is a legally binding agreement between you and Prospere.  You must read this agreement carefully before using this website.  By accessing, browsing, subscribing to or otherwise using this website, you agree to comply with the terms and conditions in this agreement, as amended from time to time.  If you do not agree, you may not use this website.

Privacy

Prospere collects personal information through this website.  Your personal information will only be used for Prospere’s internal purposes, for the purposes for which it was collected and for purposes to which you have given your consent.  Prospere’s collection, use and disclosure of your personal information is governed by its Privacy Policy

Ownership of Website Content

Except for public domain material, all content and material on and/or forming part of this website from time to time, including all text, information, links, graphics, audio, video, animation, logos, trade-marks service marks and trade names, and the design and arrangement thereof, and all source code and software (collectively referred to as the “Content”), are protected by copyright, trade-mark and other laws, and are owned or controlled by Prospere or its licensors.  All rights not expressly granted to you in this Agreement are reserved.  You agree that any copy of the Content, or any part thereof, that you make shall be solely for your private, non?commercial use and you shall retain all copyright and other proprietary notices in the same form and manner as on the original.  Content cannot be reposted commercially in whole or in part by any method without prior written consent of Prospere, with the exception of quoting for review and commenting purposes.  While we encourage linking to articles through social networking sites and e-mail, we also like to be acknowledged for our work.  Links to Prospere Magazine articles on other websites as well as on e-mails and print outs must be fully credited and any commercial reproduction of Content that Prospere may approve in writing must include all copyright and other proprietary notices in the same form and manner as on the original. 

Trade-marks

The Prospere Magazine name (Canadian Registration No. TMA739952) and logo (Canadian Registration No. TMA739951 – 1920s style font with swirls, PROSPERE MAGAZINE, a skyline and globes design) are the property of Prospere.   With the exception of mentioning Prospere Magazine for review/news/media purposes, usage of the name and/or logo without the consent of Prospere is strictly prohibited.

Prohibited Conduct

Prospere allows and encourages comments on its website.  However, appropriate netiquette must be observed while posting.  Inappropriate language, including racist, sexist and other discriminating comments will not be tolerated. Comments with such language will not be published on this websiteProspere  also reserves the right to edit or modify any comments.  All comments are moderated.

Except as expressly provided herein, this website and the Content, or any part thereof, may not be reproduced, modified, republished, uploaded, posted, transmitted, sold, distributed or otherwise used in any way, without the express prior written permission of Prospere.  Prohibited conduct includes, without limitation:

(a)                modifying, translating, reverse engineering, decompiling, disassembling this website, the Content or any part thereof;

(b)               renting, leasing, sublicensing or transferring any rights in this website or the Content;

(c)                removing any proprietary notices or labels on this website or the Content;

(d)               violating, plagiarizing or infringing on the rights of Prospere or any third party, including copyright, trade-mark, privacy, contractual or other personal or proprietary rights;

(e)                any unauthorized use of the Content (including use on any other website or networked computer environment); and

(f)                engaging in any conduct which Prospere, in its sole discretion, determines to be detrimental to its interests, including, without limitation, acting or failing to act in a manner contrary to this Agreement, or intentionally interfering with the website or Prospere’s computer systems.

Engaging in prohibited conduct may subject you to civil liability and criminal prosecution under applicable laws. 

Disclaimers

(a)        No Warranties

THIS WEBSITE, THE CONTENT AND THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW, PROSPERE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON?INFRINGEMENT OF PROPRIETARY RIGHTS, AND IMPLIED WARRANTIES AND CONDITIONS ARISING FROM THE COURSE OF DEALING OR COURSE OF PERFORMANCE.  PROSPERE DOES NOT WARRANT THAT THIS WEBSITE OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR?FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  PROSPERE DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, MERCHANDISE OR OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.  IN NO EVENT WILL PROSPERE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICE.

(b)        Linked Sites

Prospere shall have no responsibility or liability to you in connection with third party websites accessible by links posted on this website (“Linked Sites”).  Access to Linked Sites is at your own risk and Prospere is not responsible for the availability, accuracy or reliability of the contents of any Linked Site or any link posted on a Linked Site.  Prospere provides links to you only as a convenience, and the inclusion of a link does not imply endorsement of the Linked Site or any products, services, materials or statements contained or referred to thereon by Prospere.

Limitation of Liability

You agree that Prospere and its subsidiaries, affiliates, directors, officers, employees, representatives, licensors and licensees shall not be liable to you for any damages of any kind arising from your use of this website, any Products or Services or any Linked Sites or your reliance on any Content.  You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including, but not limited to, direct, indirect, special, incidental, consequential or punitive damages.  In no event shall Prospere’s total liability to you for all damages, losses, and causes of action, whether in contract, tort (including but not limited to negligence) or otherwise, exceed any amounts paid by you to Prospere to access this website in the month immediately preceding the event giving rise to such liability.

Indemnity

You agree to indemnify, defend and hold harmless Prospere and its subsidiaries, affiliates, directors, officers, employees, representatives, licensors and licensees, from any damages, losses, costs and expenses (including reasonable legal fees), incurred in connection with any third party claim or demand alleging or based upon your breach of this Agreement or your violation of any law or the rights of such third party.  Prospere reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by Prospere.

Termination

Prospere may, in its sole discretion, terminate or suspend your access to all or part of this website, the Content and/or any Products or Services for any reason, including, without limitation, your breach of the Agreement or transmission of any unsolicited advertising materials.

Submissions

You agree not to submit, publish, transmit, display, disseminate or otherwise communicate any libellous, defamatory, inaccurate, abusive, threatening, offensive or illegal material while connected to or otherwise using this website or any Service.  Transmission of such material shall constitute a material breach of this Agreement.  Prospere does not and cannot review every submission posted by users and is not responsible for, nor does it endorse, such submissions.  You acknowledge that any submissions may be edited, removed, modified, published, transmitted and displayed by Prospere or the administrators of this website, in their sole discretion.  Users remain solely responsible for the content of their submissions. 

By submitting content to any area of this website or through any Service, you grant Prospere and its affiliates a royalty?free perpetual, irrevocable, transferable, non?exclusive right (including any moral rights) and licence to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display, publicize and otherwise use such content, in whole or in part, worldwide in all manner and media (whether now known or later developed).  You represent and warrant that you have, or the third party holder of the moral rights in such content has, completely and effectively waived all such rights and that you have the lawful right and authority to grant the licence granted herein.  You also authorize any user of this website to access, display, view, store and reproduce such content for personal use. 

Jurisdictional Issues

Access to this website, the Content and the Products and Services is not permitted where prohibited by law.  If you choose to access this website and/or use the Products or Services, you do so on your own initiative and are responsible for compliance with applicable laws.

General

This Agreement and your use of this website shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.  Any dispute arising under this Agreement shall be resolved exclusively by the courts located in Toronto in the Province of Ontario.  You agree not to bring any legal action against Prospere in any jurisdiction except the Province of Ontario and you shall submit and consent to such jurisdiction.  If any provision of this Agreement shall be deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions.  This Agreement constitutes the entire agreement between you and Prospere in connection with your use of this website.   Your use of this website is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and Prospere other than that of independent contractors.

Updates and Amendments

Prospere reserves the right to change, modify or amend this Agreement, or add or remove portions of this website and any Products and Services, at any time and you agree to be bound by such changes, modifications, additions or deletions.  The current version of this Agreement will be posted on this website at all times.  Please check back frequently to see any updates or changes to this Agreement.  Your continued use of this website following the posting of changes will constitute your agreement to be bound by such changes.

If you have any questions or comments about our terms and conditions, please do not hesitate to contact us.





DelectablyChic! is a trademark of Prospere Magazine Inc. registered with the Canadian Intellectual Property Office and a claimed trademark internationally.